The Hawaiian gazette., 1887-09-06
In the Supreme Court of the Hawaiian
Islands. In Equity. In Chambers.
Hop SING COMPANY VS.. KAN OK AND
JOHN S. McGREw.
BEFORE PRESTON J.
Decision.

bEEOhE fhESAON d
Decision
The compliments, Ating, otherwise
known as Atini and Akini,) Alang
and Ho Look, copartners under the
name, style and firm of Hop Sing
Company, allege that on the 18th of
August, 1881, the defendant, McGrew,
demised to the complainant, Ating,
certain rice lands and fishing rights
at Kalawao, in the District of Eva,
for term of six years. That on the
18th of August, 1888, the complainant
Ating, assigned said lease and prem
ises to the defendant, Kan On, who
is still in occupation as servant to the
defendant, McGrew. That on the
eleventh October, 1888, the defendant,
Kan On, assigned the said leasehold
premises, with other property, by
way of mortgage,) to one Ho Yeng to
secure certain sums Heretofore adj
vanced by said Ho Yeng to the de-
PENDANT, Kan On, as well as to secure
to the said Ho Yeng and his assigns,
the handling and control of the crops
of rice raised by said defendant, Kan
On, on the lands comprised in the
mortgage. This deed was recorded
on the 29th day of October, 1888,
That Kan On made default in pay
ment of the moneys secured by said
mortgage and that said Indebtedness
is still unpaid. That on 7th August,
1886, said Ho Yeng conveyed to the
compliments all his rights and inter
est in, to and under said mortgage.
That said premises comprised in the
lease to Ating, are occupied by Kan
On, under and by authority of said
McGrew, under the pretense by Nc
Grew, that said lease had become for
feited by non-payment of the rent
thereby stipulated. That complain
ants have demanded from the defend
ants, possession of the said premises,
bat the defendants refuse to strren-
der same. That defendant, McGrew,
asserts that the sum of two hundred
and thirty dollars is due to him for
rent of said premises for the period
prior to August 10Th, last past, but
complainants deny such to be the fact
and aver a tender of the amount due
on 18th August, for the ensuing half
year. That said Ho Yeng, under
terms of said mortgage, received and
sold the crops of rice grown on the
lands comprised in said mortgage and
made advances to said Kan On, and
that at the date of the assignment of
said mortgage there was due to said
Ho Yeng $964.47.
The bill prays that an account be
taken of the rent due, and upon pay
ment thereof, the complainants be de-
creed to have possession of the prem
Uses. Or that an account be taken of
what is due in respect of said mort
gage, and that on default in payment
the premises may be sold and the
usual order in foreclosure suits and
for general relief
The defendant, Kan On, failed to
answer, and the bill was taken pro con-
fesso as against him.
The defendant, McGrew, by his an
swer, admits the making of the lease
and the assignment OF the mortgage
to the compliments, but denies, and
puts compliments upon the proof of
all the other allegations in the bill.
At the hearing the following docu-
mentary evidence was introduced by
the compliments:
Lease, j. S. McGrew to Ating. lex
hibit "A")
Assignment of same to Kan On.
Exhibit "D.0
Assignment of partnership interest,
Ho Hang to Kan On. exhibit g.
Mortgage, Kan On to Ho Yeng.
Exhibit b.
Transfer of mortgage, Ho Yeng to
compliments Exhibit E.
The following is translation of the
mortgage.
81 Kan Ona, (ch) of Kalaua, Eva,
Island of Oahu, bind. over Tor mort
gageJ all my leased lands described in
an instrument executed Dec. 4, '82,
and also in an instrument executed
Aug. Ii, '83, together with all the
houses, pigs, chickens, ducks, horses,
cattle and rice now growing upon said
leased lands; also all the leases and
deeds (before) IN possession OF Ho |
Yeng by way of mortgage as security
that 1 pay him what l owe him, to wit |
the sum of $1,000, for the period of
one year from Oct. Ii, '83, to Oct. 10,
"a, with interest one per cent per
month. And bind myself topay said
principal of $1,000, with the interest,
S120, out of all the rice on said lands,
that is, out of all the present rice crop
now growing, which is under mort
gage, also that [ deliver said rice to
Ho Yeng till the end of the year above
mentioned, without selling the same
to any one else until my debt to Ho
Yeng shall have been paid. In case
that l sell the rice to any one else, Ho |
Yeng, his heirs and assigns are hereby
authorized, according to law, to seize
upon the rice wro1gfully disposed of